- 1 - NC: 2025:KHC:8995 WP No. 349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 349 OF 2025 (GM-CPC) BETWEEN: 1. SMT. CLOTILDA MEBLE W/O LATE D C GNANAPRAKASH AGED ABOUT 62 YEARS 2. AARON MARIA REX S/O D.C. GNANAPRAKASH AGED ABOUT 41 YEARS BOTH ARE R/AT NO.1154, 1ST CROSS NEW STREET, ITTEGEGUDU MYSORE-577001. …PETITIONERS (BY SRI. SAMEER S N., ADVOCATE) AND: 1. SMT. VEENA K S/O LATE K.M. NAGARAJ AGED 47 YEARS 2. N.PRABHASA, S/O LATE K.M. NAGARAJ AGED 25 YEARS 3. SHREE PRASHASTA S/O LATE K.M. NAGARAJ AGED ABOUT 20 YEARS R1 TO R3 ARE R/AT NO.1475 SOUTHEND B MAIN, 9TH BLOCK Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8995 WP No. 349 of 2025 BANGALORE-560069 REP. BY THEIR GPA HOLDER T.G. RANGANATH S/O LATE T.N. GOVINDARAJA IYENGAR AGED ABOUT 69 YEARS R/AT NO.523, OM SAI RAM 3RD MAIN, BSK 3RD STAGE 2ND PHASE BANGALORE-85. 4. S.B. SRINIVAS GANDHI S/O LATE S.V. BALAKRISHNAN AGED 65 YEARS 5. ASHOK KUMAR S/O S.B. SRINIVAS GANDHI AGED 39 YEARS R4 & R5 ARE R/AT NO.233/1 SAYYAJI RAO ROAD MYSORE-577001 …RESPONDENTS (BY SRI. M R PATIL, ADVOCATE FOR C/R1 TO C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER ANNEXURE-A I.E THE DISMISSAL ORDER OF IA NO. V FILED UNDER ORDER RULE 10 CPC IN OS NO. 269/2022 BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC NANAJANAGUD DATED:14.11.2024 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-applicants, challenging the order dated 14.11.2024 passed by the - 3 - NC: 2025:KHC:8995 WP No. 349 of 2025 Senior Civil Judge and JMFC, Nanjangud on I.A.No.V filed under Order I Rule 10(2) read with Section 151 of CPC in O.S.No.269/2022, whereby the trial Court rejected the application filed by the applicants. 2. The case of the applicants is that the father of the petitioners-applicants and the father of the plaintiffs in the suit, were jointly entered in to sale agreement. After the death of father of the plaintiffs, they have filed the suit for specific performance of the contract. During the pendency of the suit, the petitioners herein have filed the application under Order I Rule 10(2) read with Section 151 of CPC seeking for impleading themselves as plaintiffs in the suit on the ground that applicant No.1 is a wife and applicant No.2 is a son of Late D.C.Gnanaprakash. The respondents- plaintiffs have filed the objection stating that Late D.C.Gnanaprakash has executed the release deed in favour of the plaintiffs by Release Deed dated 08.09.2014. The trial Court by impugned order dated 14.11.2024 - 4 - NC: 2025:KHC:8995 WP No. 349 of 2025 rejected the application. Being aggrieved by the same, the present writ petition is filed. 3. It is not in dispute that the applicants are wife and son of Late D.C.Gnanaprakash. They filed application under Order I Rule 10(2) read with Section 151 of CPC for impleading themselves as plaintiffs in the suit on the ground that they are the legal heirs of Late D.C.Gnanaprakash. The respondents-plaintiffs have filed the objection stating that Late D.C.Gnanaprakash has executed the release deed in favour of the plaintiffs by Release Deed dated 08.09.2014. The trial Court rejected the application filed by the petitioners on the ground that the impleading applicants have not furnished any documents to prove their relationship with Late D.C.Gnanaprakash. The relationship is not disputed by the plaintiffs. The trial court, without considering these aspects of the matter, has erred in dismissing the application. The impugned order is not a speaking order; - 5 - NC: 2025:KHC:8995 WP No. 349 of 2025 hence, the application is required to be reconsidered. Therefore, the following order is passed. ORDER a) The writ petition is allowed. b) The order dated 14.11.2024 passed by the Senior Civil Judge and JMFC, Nanjangud on I.A.No.V filed under Order I Rule 10(2) read with Section 151 of CPC in O.S.No.269/2022, is hereby set aside. c) The application i.e. I.A.No.V is restored. d) The matter is remitted back to the trial Court with a direction to reconsider the application afresh, after giving an opportunity to both the parties, in accordance with the law. e) It is made clear that the Trial Court shall not be influenced by any observation made in this order as well as the impugned order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 27